The evidence continues to roll in on the Zimmerman case. While the new evidence is not entirely bad for the prosecution, it does contain some evidence that will likely bolster the defense of George Zimmerman in the second degree murder trial over the killing of Trayvon Martin. Regardless of the ultimate impact, the evidence again shows (in my opinion) that prosecutor Angela Corey over-charged the case in Florida.
Some of the new evidence shows that Martin had traces of THC (the active ingredient of marijuana) in his blood stream and urine. Martin was suspended from school due to a marijuana offense (though it involved an empty marijuana baggie). Another benefit to the defense is that Martin father is shown denying that the voice calling out for help was his son — though he later changed that view when he says he was given a better recording. Other witnesses have indicated that it Zimmerman who was calling for help.
Generally, the existence of drugs in the system of a victim or defendant is admissible. The suspension would appear inadmissible under standard evidentiary rules.
There is also evidence that some neighbors described Zimmerman as a bully and a racist. That would help bolster the reported hate crimes prosecution being considered by the Obama Administration, though I still have reservations based on the evidence as it currently stands. Also the police viewed the shooting as “avoidable” — if Zimmerman had left the matter to the police.
I am not sure how much of the neighbor’s view of Zimmerman as a bully or racist could come into evidence. Such accounts, however, can have the benefit of further discouraging Zimmerman from taking the stand as a witness — always a benefit to the prosecution because (while they are told that a defendant has a right not to testify (jurors expect to hear from defendants).
On the whole, however, I would view the evidence as more positive to the defense. First, I have previously said that I was most interested in the distance of the shot and forensics. It now appears that Martin was shot from an intermediate range (no more than 18 inches and as little as an inch away). That would support the claim of Zimmerman that they were in a wrestling fight when the gun was fired. The greater the distance the stronger the case for the prosecution. The defense will likely present expert testimony to try to reduce the range further on the stand. Also, the report does have people at the scene saying that Zimmerman’s nose appeared broken — supporting the later medical report of the family doctor (though such injuries could occur from Martin defending himself).
Moreover, at least two witnesses appear to support Zimmerman in describing the man in the hoodie at straddling the other man and throwing punches. The report state that the man in the “‘hoodie’ [was] on top of a white or Hispanic male and throwing punches ‘MMA (mixed martial arts) style.’ He then heard a pop. He stated that after hearing the pop, he observed the person he had previously observed on top of the other person (the male wearing the hoodie) laid out on the grass.” One report also says that Zimmerman can be heard yelling for help 14 times on a 911 call recorded during the fight.
While the reports blame Zimmerman for getting out of his vehicle (he says that he was trying to get a house number for the police), that is not itself a crime. Of course, none of this means that Zimmerman was not the aggressor. Given the presumption of innocence and the need to prove the elements beyond a reasonable doubt, this evidence presents an added problem for the prosecution in my view. I have expressed skepticism over the way the case has developed and how it has been charged from the outset. As a criminal defense attorney, I would view this as a strong defense case even on the manslaughter charge, particularly given the poor police work at the scene.
What do you think?
Here is the police report.
Source: ABC and NY Daily News
One of the most dangerous creatures on this planet is a testosterone angst filled male teenager. This statement is species inclusive, as in ALL.
I believe every police officer is aware of this fact. Policeman are trained to defuse situations, not incite and pressure suspects into corners with no escape, and no choice but to submit or fight. At least not til backup arrives.
Zimmerman acted alone, Z made all the initial choices that precipitated all that followed. After his 911 call Z could have stayed in his car, observed and help police when they arrived.
There is a reason Police drive marked cars, wear uniforms, have to identify themselves. They are the trained, societal arbiters of active engaged disputes that need immediate diffusing. Police on scene have huge powers of enforcing disengagement and restoring order. This is established fact enforced by Rule of Law.
Mr. Zimmerman chose to “play” policeman. Whatever his intent, he exercised powers not allowed to him under law. His decision resulted in the death of Trayvon Martin. To me that is manslaughter. The courts will decide.
@David-Very fair point. I’ve looked at four different sources now, and you’re right…the definition of intermediate range is all over the place. One source even says intermediate range begins at 4 inches, another says it can go to a few feet. I guess this just underscores my point…there isn’t even a “clear” definition for what intermediate means.
David Larry,
Did Trayvon Martin have a right to be spooked because a stranger was following him? Did he have a right to be worried that Zimmerman might attack him? Do you think Martin had any right to confront someone he thought might have had malicious intentions?
“I Know He Was Scared”: Trayvon Martin’s Girlfriend Recounts Phone Call Right Before Fatal Shooting
http://www.democracynow.org/2012/5/18/i_know_he_was_scared_trayvon
“Florida prosecutors have released a trove of documents, photographs and audio recordings revealing new details about the night George Zimmerman shot dead the unarmed teenager Trayvon Martin in Sanford, Florida. We broadcast excerpts of the chilling recording of the police interview with Trayvon’s girlfriend. She and Trayvon were talking on the phone in the moments leading up to his death. “I know he was scared,” the girl recounts. “I told him, ‘Keep running!’ … He told me the guy was getting real close to him. And the next I hear is [Trayvon saying], ‘Why are you following me for?’ … I heard this man… say, ‘What are you doing around here?’ … And I call Trayvon, ‘Trayon, what’s going on? What’s going on?’ … Then, I am calling him and he didn’t answer…You could hear someone had bumped Trayvon…I was still screaming, I was saying, ‘Trayvon! Trayvon!’…And then the next thing the phone just shut off.””
Ben Jealous on DemocracyNow! earlier today:
Ben Jealous: “Heartbreaking” Trayvon Tapes Capture Experience of Millions Racially Profiled in U.S.
http://www.democracynow.org/2012/5/18/ben_jealous_heartbreaking_trayvon_tapes_capture
“Benjamin Jealous, the president and CEO of the NAACP, joins us to react to the new audio recordings and documents released in the investigation of Trayvon Martin’s killing. The evidence indicates a fight occurred between Martin and his alleged killed George Zimmerman, but police determined the deadly encounter was “ultimately avoidable” if Zimmerman had not pursued Martin. An autopsy also shows Martin died from a single gunshot wound to the chest fired from “intermediate range.” Reacting to a recording of Martin’s girlfriend recounting her phone call with Martin moments before his death, Jealous says: “It’s heartbreaking to listen to his childhood girlfriend talk about the experience of listening to him be hunted on the street just before he was killed. It dramatizes for people the experience of millions of young people across this country every year when they are racially profiled, whether it’s by community watch volunteers or by cops.””
EEO Irish,
Not even “intermediate” is clear. I have read that it can mean anything from about 2″ up to a few feet. I think it’s a pretty poor term for the coroner to use. Too much ambiguity.
Elaine M. 1, May 18, 2012 at 10:48 am
The autopsy report says “intermediate range.”
======================================
Yes, in two places:
I wonder if “intermediate range” is a term of art in autopsy work.
The mention of “soot” could be caused by the melt of clothing caused by friction.
If it was gunpowder it would be on the outside of the clothing. The makeup of the gunpowder, e.g. clean, smokeless, or lower quality could help determine the source of the “soot”, as would chemical analysis.
When did Zimmerman give up his right of self-defense?
Was it
(A) When he reported Martin as a suspicious person to the police?
(B) When he got out of his vehicle?
(C) When he followed Martin?
(D) When he legally carried a concealed weapon?
I’m interested because there might be a day when I see someone suspicious around my neighborhood. If that person goes around a corner, causing me to lose sight of them, and I go look to see where they went, can that person then come and injure me or kill me without me having the right to defend myself?
It’s pretty obvious that Martin was hitting Zimmerman. Did Zimmerman have a right to defend himself? Was he supposed to lay there and take the beating?
Traces of Marijuana Found in Trayvon Martin’s Body: Does It Matter?
News that the Florida teen’s autopsy revealed trace amounts of THC shouldn’t be misinterpreted to equate marijuana use with violence.
By Maia Szalavitz |
May 18, 2012
http://healthland.time.com/2012/05/18/traces-of-marijuana-found-in-trayvon-martins-body-does-it-matter-2/
Excerpt:
Among the voluminous evidence released Thursday in the shooting death of 17-year-old Florida high school student Trayvon Martin is a toxicology report showing that the teen had trace levels of THC, the active ingredient in marijuana, in his blood and urine.
The evidence includes abundant new information: conflicting witness statements, an autopsy report showing that Martin, who was black, died from a single gunshot wound to the chest and medical records documenting that Hispanic neighborhood watch volunteer George Zimmerman, who will stand trial for second-degree murder, had a broken nose the day after Martin’s death. Yet the media is focusing on the marijuana findings.
That’s a mistake that only serves to distort an already contentious case. The levels of THC detected don’t reflect Martin’s character or even his state of mind the night he was shot. For one, they are so low as to almost certainly not be connected to recent intoxication: 1.5 nanograms of THC were found as well as 7.3 nanograms of THC-COOH, a metabolite of THC that can stay in the system for weeks after cannabis has been smoked. Immediately after inhaling, THC levels typically rise to 100 to 200 nanograms per milliter of blood, although there can be a great deal of variation.
“THC in blood or urine tells us nothing about the level of intoxication,” says Carl Hart, associate professor of psychology at Columbia University and author of the leading college textbook on drug use and behavior. “That would be like someone going to have a beer some evening, and when he goes to work the next day, you can find alcohol metabolites in his bodily fluids. That says nothing about his functioning.” (Full disclosure: Hart and I are working on a book project together).
Moreover, even if Martin had been stoned out of his mind, it wouldn’t predispose him to violence. “I have given hundreds of doses of marijuana to people in the lab, and no one has gotten violent ever and everyone has been able to respond to the situation in an appropriate manner, when given low or large doses and single or repeated doses,” Hart says.
How is anything in this incredibly sad situation “clear” or a “clear case” or “clearly done”? There is conflicting evidence all over the place, yet everyone wants to claim that their version of events is “clear.” Please. Zimmerman deserved to be arrested, deserves to stand trial, but to claim that anything about this case is “clear” is a total joke.
And “intermediate range” in gunshot forensics can be anything from 8 inches to 20 inches.
Can’t we just free this sucker Z. and sentence him to 30 years therapy and community service sweeping sidewalks?
And fix it all by executing (justified anywhere) the officers, sponsors and implementers of ALEC?
But to get serious:
What value does the presence of marijuana háve in this case?
Does this:
“—It now appears that Martin was shot from less than two inches away. That would support the claim of Zimmerman that they were in a wrestling fight when the gun was fired.”
make ANY case for Z? I don’t think so.
!) Zimmerman could also be standing arm’s length away firing, as this evidence indicates. The evidence supports such an alternative.
2) In a wrestling match, if Z was under, as the supposition of a threat would require, then the pulling of a weapon could/would have been controlled by Trayvon, protecting himself. This weakens Z’s contention.
3) The wailing of prolonged type (not a shout) would most likely be produced by someone standing facing a raised gun, and knowing his time was finished. Making the sound from a superior postion re Z is not excluded, if Z withheld the shot for whatever reasons may be guessed, not admissible except as closing argument by prosecution.
How this utteance can be connected to Z escapes me, as he in his contention was under and fighting for his life. I do not feel one lies and moans in such circumstances.
A clear case of defendant mendacity.
When do we here the word on what the technical report says as to who made the groans/wailing?
You don’t get second shots from the prosecution side in the USA. Doesn’t the prosecutor make routinely a lower charge in case the tougher charge doesn’t hold for a guilty?
Shouldn’t Zimmerman have been tested for drugs and alcohol on the night of the murder? The victim was tested–but not the person who shot him. That seems pretty strange to me.
I find the perceptions of the neighbors along with Zimmerman’s old MySpace page interesting on the issue of his racial attitudes. If it is perceived by the jury that Zimmerman was either a racist or a bully I think his “battle wounds” will be seen more as proof of his propensity for violence against others and particularly African Americans than providing justification for shooting the unarmed teen.
There’s also evidence of a neighbor who describes Zimmerman as a quiet neighbor who never bothered anyone. An unknown caller gave a negative opinion of Zimmerman. All in all, the neighbors opinions are just that and would probably vary as most opinions do. I have to fault the dispatcher for continuing to ask Zimmerman questions about the suspicious person he was looking at. He kept asking Zimmerman questions instead of telling him to leave the area when Zimmerman told him that the person (Martin) was coming toward him and reaching into his waistband. Zimmerman had a gun at his waistband, so Zimmerman may have thought Martin to be armed too. From the recording, it does sound like Zimmerman is becoming more concerned about what the suspicious person may be intent on doing. Then Martin runs away. The dispatcher tells Zimmerman to let him know what Martin is doing. The only way Zimmerman can do that is to follow Martin. You can hear Zimmerman’s breath become labored as he is talking on his cellphone to the dispatcher. Finally, the dispatcher realizes Zimmerman is running after Martin and then he tells him that they don’t need him to do that. Zimmerman says “ok” and stops. They talk awhile longer and Zimmerman is afraid that Martin may be listening to them. He hesitates to tell the dispatcher where he will meet the police. Either he’s not sure where he wants to meet them or he’s afraid Martin will hear. The call ends. At this point, I have to say that the evidence backs up Zimmerman’s story, given the neighbor’s accounts, the forensics (as you point out) and the injuries found on Zimmerman and Martin. I also believe Zimmerman when he said he was headed back to his Honda truck after ending his discussion with the dispatcher. Zimmerman’s keys were found on the ground at the crime scene. Zimmerman’s keys were not in his pocket. That leads me to believe that Zimmerman had his keys out ready to get back into his truck. There is more evidence that we have not seen, but, given what is out there, I believe the prosecution has a weak case.
I agree with Tony C. and AY, but the jury will decide. I just hope that there is a jury in Florida that can find its way to the truth.
The autopsy report says “intermediate range.”
Here’s a link to the story at Huffington Post article that includes the autopsy report:
http://www.huffingtonpost.com/2012/05/17/trayvon-martin-autopsy_n_1525763.html
Tony,
I seem to agree with your position…..
The autopsy, according to another report, said Trayvon was shot at “intermediate,” not “close” distance. That will be a battle of experts no doubt.
I am not a lawyer, but I think you are wrong. Everything Trayvon did prior to the confrontation was clearly done in response to Zimmerman’s aggressive following and pursuit. Zimmerman was the aggressor, he frightened Trayvon, and there would have been no fight or death if Zimmerman had not been aggressively pursuing Trayvon. I think what Trayvon did HE did in self-defense, and Zimmerman instigating a fight and then losing it is not an excuse to claim “self defense.”
And finally, Trayvon was a non-adult and cannot be expected to respond as an adult or have the responsibility to respond as an adult.
Jonathan,
You wrote:
“Another benefit to the prosecution is that Zimmerman’s father is shown denying that the voice calling out for help was his son — though he later changed that view when he says he was given a better recording.”
It was Martin’s father–not Zimmerman’s father–who changed his view after hearing a better recording:
Cops, Witnesses Back Up George Zimmerman’s Version of Trayvon Martin Shooting
http://abcnews.go.com/US/cops-witnesses-back-george-zimmermans-version/story?id=16371852#.T7ZDRhzFH1E
Excerpt:
It has been such a contentious case that even the evidence is being disputed.
The police report states that Trayvon Martin’s father told an investigator after listening to 911 tapes that captured a man’s voice frantically callling for help that it was not his son calling for help.
But Tracy Martin, Trayvon’s father, claims that is not true. The Martin family lawyer Ben Crump told ABC News that Tracy Martin initially listened to a distorted version of the 911 calls and said he could not identify the voice. But when he listened to a second tape that had been “cleaned,” “He immediately broke down in tears because he knew it was his son calling for help,” Crump said.